kesavananda bharati case

10/21/2014 What is the Kesavananda Bharati case and why is it famous? - Quora

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What is the Kesavananda Bharati case and why isit famous?Kesavananda Bharati vs the state of Kerala 1973

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Written 10 Apr, 2013.

This case is considered a landmark case in the study of the Constitution ofIndia. In the judgment of this case, it was ruled that the Constitution had abasic structure that could not be violated or modified under any circumstance.For instance, your Fundamental Rights cannot be taken away by modifying theconstitution.However, it is interesting to note that nowhere in the Constitution is it specifiedthat so-and-so articles form the basic structure. It is the interpretation of thejudiciary that points out some features of the Constitution as inviolable andunchangeable.

The reason this case is famous is that it was the starting point of a series ofdebates and court sessions that led to the aforementioned judgment. It startedoff as a property dispute and a discussion on to what extent the judiciary cancurb property rights.

For further reading, try Wikipedia:Kesavananda Bharati v. State of KeralaBasic structure doctrineOr the 11th grade textbook (CBSE) that clarifies things in a simple manner:Page on Prashanthellina(Scroll down to page 46.)

Varsha Iyer, very inquisitive18 upvotes by Quora User, Manish Tripathi, Krishna Bindu, (more)

18Upvote

It is one the cases any law student should be well versed with. However, thissaid, the said judgment also is confusing to lot of experts and general publicalike as to what is the "Basic Structure of the Constitution" The interpretationof the judgment in subsequent judgments is as much debated as the case itselfis debated.

No one can study the Kesavanand Bharti case in isolation, it has to be readafter reading Golaknath case.

The findings of the instant case are following:

1. All of the Judges held that the 24th, 25th and 29th Amendments Acts arevalid.

Shonee Kapoor, Men's Rights Activist from Ind... (more)5 upvotes by Mithun Khatri, Kena Mehta, Niharika Singh Rathore, (more)

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Written 29 Apr.

2. Ten judges held that Golak Nath's case was wrongly decided and that anamendment to the Constitution was not a "law" for the purposes of Article 13.

3. Seven judges held that the power of amendment is plenary and can be usedto amend all the articles of the constitution (including the FundamentalRights)

4. Seven judges held (six judges dissenting on this point) that "the power toamend does not include the power to alter the basic structure of theConstitution so as to change its identity"

5. Seven judges held (two judges dissenting, one leaving this point open) that"there are no inherent or implied limitations on the power of amendmentunder Article 368".

Nine judges (including two dissentients) signed a statement of summary forthe judgment that reads:

1. Golak Naths case is over-ruled.

2. Article 368 does not enable Parliament to alter the basic structure orframework of the Constitution.

3. The Constitution (Twenty-fourth Amendment) Act, 1971 is valid.

4. Section 2(a) and 2(b) of the Constitution (Twenty-fifth Amendment) Act,1971 is valid.

5. The first part of section 3 of the Constitution (Twenty-fifth Amendment)Act, 1971 is valid. The second part namely "and no law containing adeclaration that it is for giving effect to such policy shall be called inquestion in any court on the ground that it does not give effect to suchpolicy" is invalid.

6. The Constitution (Twenty-ninth Amendment) Act, 1971 is valid.

- Shonee Kapoor"" Shonee Kapoor ""

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Written 13 Dec, 2013.

interesting deliberations indeed.

Haresh.melwani [H L Nathrumal]1 upvote by Dhruv Victor.

1Upvote

Downvote Comment

Written 19 Mar.

in the case of keshvananda bharthi the supeme court overruled its owndecision given in the case of goalk nath case and held that the parilamentcould amend any provision of the constitution including fundamental righta inaccordance with........

Madhukar Reddy4 upvotes by Alok Anand, Anubrata Saha, Rinny Rebecca, (more)

4Upvote

Madhav Pathak1 upvote by Dhruv Victor.

Downvote Comment5Upvote



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Written 2 Apr.

I agree with the answer

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Written 2 Oct.

Kesavananda Bharati Vs State of Kerala case was one the landmark decision bySupreme Court. Kesavananda Bharati challenged govt of Kerala at SC forimposition of restriction on management of property for religious purpose.

The case involved the issue of amendment of Constitution by parliament asgovt was keep on amending constitution as they feel so the important thingbefore SC was that can parliament change anything in Constitution ? includingtaking away fundamental rights of citizen !!! as there was no provision inconstitution (As per article 368) about the limitation of amendment toconstitution till Kesavananda case, which raises doubts about constitution'svalidity and originality and alert the Supreme court Who is Supreme Guardianof Constitution.

SC by judgment declared that Parliament can change in the constitution tillthere is no change in the Basic feature of constitution .. mean basic structure ofconstitution can be amend by parliament ... and this holy judgement saved theIndia's Democracy as can be seen now a days.. thank you so much tokesavananda Bharati........

Quora User, I am Awesome1 upvote by Ishita Bhattacharjee.

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